Use of Surrounding Properties: Mixture of small and large
residential parcels, some wooded land, and one adjacent church

Factors Favorable:

1.This amendment would not create additional impacts to adjacent
properties.

2.The
Architectural Review Board had no objections to the proposed amendment.

Factors Unfavorable:

1. The protected wooded area on the site would be reduced by 0.39 acres.
However, this is a very minimal reduction. Changes to the “area not to
be disturbed” would increase buffering on the east side of the property,
which is the only boundary that does not abut a road.

RECOMMENDATION:
Staff recommends approval, subject to conditions.

Petition:

PROPOSED:
Special use permit amendment for church, to change location and size of proposed
picnic pavilion and change boundary of wooded area not to be disturbed.

The
surroundings are a mix of open and wooded land crossed by two major highway
corridors—US 250 and Interstate 64. Most of the surrounding parcels, including
the Village of Rivanna to the southeast, are residential properties. Union Run
Baptist Church (a mid-20th-century building, possibly modified in the
1970s) is located directly across Keswick Road to the northwest. The subject
property is currently wooded, with deciduous trees and some evergreens. (See
Attachments A and B.)

Specifics
of the Proposal:

The applicants are
proposing a change to the conceptual plan for this approved church. The two
small picnic shelters shown on the original plan (see Attachment C) would be
replaced with a single larger shelter in a new location, and the boundaries of
the “area not to be disturbed” would be changed to accommodate the new
arrangement and to better accommodate the septic system. See Attachment D for
the proposed replacement conceptual plan.

Planning and Zoning History:

SP
2006-025 First Christian Church – On January 10, 2007, The Board of Supervisors
approved this special use permit (see Attachment C for the original staff
report) for a 306-seat church with the following conditions:

1. The church’s improvements and the scale and location of the improvements
shall be developed in

general accord with the conceptual plan entitled “First Christian Church,”
prepared by McKee

Carson, and dated 11-14-2006;

2. The area of assembly shall be limited to a maximum three hundred six
(306)-seat sanctuary;

3. No grading or tree removal shall take place within the area marked "area not
to be disturbed" on

the conceptual plan or within the seventy-five (75)-foot setback adjacent to
Route 250 East;

4. No erosion and sedimentation control plan nor building permit shall be
approved for the area

marked "area not to be disturbed" without prior approval of a tree conservation
plan complying

frontage shall be replaced with a public right-of-way at least twenty-five (25)
feet wide

and dedicated to public use;

8. There shall be no day care center or private school on site without approval
of a separate special

use permit; and

9. If the use, structure, or activity for which this special use permit is
issued is not commenced within

sixty (60) months after the permit is issued, the permit shall be deemed
abandoned and the

authority granted thereunder shall thereupon terminate.

Conformity with the Comprehensive Plan:

The Comprehensive Plan designates the proposed
church site as Rural Areas, emphasizing the preservation and protection of
agricultural, forestal, open space, and natural, historic and scenic resources.
Churches are allowed in the Rural Area zoning district by Special Use Permit.

This proposal may support the following Guiding
Principles from the Rural Areas chapter of the Comprehensive Plan:

“Address the needs of existing rural residents
without fostering growth and further suburbanization of the Rural Areas.”

The
proposed amendment does not increase impacts on the rural areas, as the capacity
of the church and the overall character of the use on the site would not change.

“Protect the quality and supply of
surface water and groundwater resources.”

“Preserve and manage the Rural Areas' natural
resources in order to protect the environment and conserve resources for future
use.”

“Preserve the County's rural scenic resources as
being essential to the County's character, economic vitality, and quality of
life.”

The
property is currently wooded; forest cover provides the best protection for
groundwater. Forest cover also protects surface-water quality and helps to
maintain the scenic character of the area. Conditions of approval included
here-in are designed to maintain forest cover over much of the property.

The new
conceptual plan would reduce the “area not to be disturbed” by 0.39 acres. North
and west of the sanctuary, approximately 20,500 square feet have been added to
the area of disturbance to accommodate drain fields. East of the parking lot,
the area to be disturbed has been increased by approximately 3,500 square feet.
Staff does not find that this is a significant reduction in the wooded area of
the property.

STAFF COMMENT:

Staff will address each provision of Section
31.2.4.1 of the Zoning Ordinance.

31.2.4.1:
Special Use Permits provided for in this ordinance may be issued upon a finding
by the Board of Supervisors that such use will not be of substantial detriment
to adjacent property,

The proposed
changes would not create additional new impacts to adjacent properties. The
changes to the “area not to be disturbed” would increase buffering on the east
side of the property, which is the only boundary that does not abut a road.

that the
character of the district will not be changed thereby and

This
property is located in the Entrance Corridor (EC) overlay zoning district. The
proposal has been reviewed by the Architectural Review Board (ARB). The ARB had
no objection to the requested amendment.

that such
use will be in harmony with the purpose and intent of this ordinance,

Section 18,
Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning:
“This district (hereafter referred to as RA) is hereby created and may hereafter
be established by amendment of the zoning map for the following purposes:
(Amended 11-8-89)

The conceptual
plan for this proposal includes buffers and vegetation-protection areas that are
intended to reduce its impacts on natural and scenic resources. Tree protection
on the site will also help to protect groundwater. The proposed plan amendment
still provides these resource-protection areas.

with uses
permitted by right in the district,

The property and the surrounding properties are
zoned RA, Rural Areas. The uses permitted by right under RA Zoning directly
support agriculture, forestry, and the conservation of rural land. Part of the
County’s vision for the RA districts includes the support of agricultural and
forestal communities through community meeting places, at rural scales, that
provide the opportunity to take part in community life. The proposed amendment
would not increase impacts on the district compared to the original approval.

with the
additional regulations provided in section 5.0 of this ordinance,

There are
no regulations in Section 5.0 of the Ordinance that apply to church buildings.

and with
the public health, safety and general welfare.

The proposed plan
changes do not create new public health, safety, or welfare impacts.

Waiver
Request:

The
Zoning Ordinance allows 24 months for both construction and start of the use of
a Special Use Permit (18-31.2.4.4.). With the original approval, the applicant
requested the time allowed for construction and start of the use of this Special
Use Permit, should it be approved, be increased to five (5) years. The Board of
Supervisors approved that condition. Staff supports approving a request for a
five-year time extension from the approval of SP 2007-00025.

SUMMARY:

Staff has
identified the following factors favorable to this application:

1.This amendment would not create additional impacts to adjacent
properties.

2.The Architectural Review Board had no objections to the proposed
amendment.

Staff has
identified the following factors unfavorable to this application:

1.The protected wooded area on the site would be reduced by 0.39 acres.
However, this is a very minimal reduction. Changes to the “area not to be
disturbed” would increase buffering on the east side of the property, which is
the only boundary that does not abut a road.

RECOMMENDED ACTION:

Based on
the findings contained in this staff report, staff recommends approval of
Special Use Permit 2006-20 First Christian Church under the following
conditions:

1)The church’s improvements and the scale and location of the improvements
shall be developed in general accord with the conceptual plan entitled “First
Christian Church, Albemarle County, Virginia – Minor Amendment to the Special
Use Permit” prepared by McKee Carson, and dated May 29, 2007.

2)The area of assembly shall be limited to a maximum 306-seat sanctuary.

3)No grading or tree removal shall take place within the area marked "area
not to be disturbed" on the conceptual plan or within the 75-foot setback
adjacent to Route 250 East.

4)No erosion and sedimentation control plan nor building permit shall be
approved for the area marked "area not to be disturbed" without prior approval
of a tree conservation plan complying with section 32.7.9.4 of the Zoning
Ordinance.

6)All outdoor lighting shall be arranged or shielded to reflect light away
from the abutting properties.

7)The existing prescriptive right-of-way along this parcel’s Keswick Road
(Rte. 731) frontage shall be replaced with a public right-of-way at least 25 ft
wide and dedicated to public use.

8)There shall be no day care center or private school on site without
approval of a separate special use permit;

9)If the use, structure, or activity for which this special use permit is
issued is not commenced within sixty (60) months after the permit is issued, the
permit shall be deemed abandoned and the authority granted thereunder shall
thereupon terminate.